Folsom, CA HOA Rules: Dispute Resolution (2026)
Key Facts
- IDR
- Free internal process (Civ Code §5900)
- ADR
- Pre-lawsuit mediation (Civ Code §5925)
- Small Claims
- Exempt from ADR requirement
- Certificate
- Required for most HOA suits
Summary
Davis-Stirling requires HOAs to offer Internal Dispute Resolution (IDR, Civ Code §5900) and Alternative Dispute Resolution (ADR, Civ Code §5925) before most lawsuits. IDR is free and member-initiated; ADR is pre-litigation mediation.
5900.
(a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association.
(b) This article supplements, and does not replace, Article 3 (commencing with Section 5925), relating to alternative dispute resolution as a prerequisite to an enforcement action. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
Full Breakdown
Civil Code §5900-5920 establishes Internal Dispute Resolution (IDR): every HOA must have a written procedure for members to meet with the board or a board-designated representative to resolve disputes at no charge. The process is informal and non-binding. Civil Code §5925-5965 (Alternative Dispute Resolution, ADR) requires that before an HOA or member may file a lawsuit for enforcement of governing documents, one party must serve a Request for Resolution, and both parties must participate in mediation or arbitration if the other party accepts. Failure to offer ADR can result in the case being stayed. At the end of ADR, if no resolution, a Certificate of Completion is filed with the complaint. Specific exclusions: foreclosure actions, small claims court, cross-complaints. Enforcement actions for assessment collection follow separate Civ Code §5660 pre-lien dispute process.
Frequently Asked Questions
Can I sue my Folsom HOA without going through IDR?
Who pays for ADR mediation?
Sources & Official References
Other rules in Folsom
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